Marshalling the Divisibility Defense to CERCLA Liability: Apportionment – Is the Harm Distinguishable?
Defining Harm to Establish a Divisibility Defense to Liability and Apportion Costs
Tuesday, November 13th • 1pm-2:30pm EST
Please join William S. Hatfield, Director, Environmental at Gibbons and Adam H. Love, Ph.D., Vice President and Principal Scientist at Roux, who will be speaking in an upcoming Strafford live CLE webinar with interactive Q&A.
The U.S. Supreme Court’s decision in Burlington Northern & Santa Fe Railway Co. v. U.S. significantly changed the landscape for divisibility under CERCLA. However, there is still no bright-line test for determining divisibility, and several court decisions have shown that defining and distinguishing harm at a site may be difficult.